Reason and fairness : constituting justice in Europe, from medieval canon law to ECHR

Reason and fairness : constituting justice in Europe, from medieval canon law to ECHR / by Ulrike Müssig.

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundat...

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Bibliographic Details
Main Author: Müssig, Ulrike (Author)
Format: eBook
Language:English
Published: Leiden : Brill Nijhoff, 2019.
Series:Legal history library ; 27
Subjects:
Justice, Administration of > Europe > History.
Law > Europe > History.
Canon law > History.
Human rights > Europe > History.
Canon law
Human rights
Justice, Administration of
Law
Justice > Administration > Europe > Histoire.
Droit canonique > Europe > Histoire.
Droits de l'homme > Europe > Histoire.
Europe
History
Online Access:Click for online access
Table of Contents:
  • Intro; Reason and Fairness: Constituting Justice in Europe, from Medieval Canon Law to ECHR; Copyright; Contents; Preface; Foreword; Foreword; About the Author; Abbreviations; Introduction; 1 Research Issues; 2 State of the Arts and Methodological Challenges; 3 Methods; 4 Geographical and Temporal Scope; 5 Structure and Sources; Part 1: Legal History; 1 Church; 1 Papal Rule by Jurisdiction; 2 Judicial Competence in Canon Law; 3 Reorganization of the Clerical Jurisdiction; 4 Conclusion; 2 France; 1 Estate Opposition against Judicial Commissions
  • 2 Montesquieu's praise of the Parlements as Mediator3 Continuity between Estate and Constitutional Claims for the Natural Judge; 4 On the Road to the Equal Judge; 5 Conclusion; 3 England; 1 Rule of Law; 2 Parliamentary Sovereignty and the court conception of westminster; 3 Locke versus Hobbes; 4 Conclusion; 4 Germany; 1 Conflicts between Imperial and Territorial Jurisdictions; 2 Marriage of Two Unequal Partners: Enlightenment and Absolutism; 3 Lost Ground in the Restoration; 4 Kant 'in Frankfurt': 1849 Bases of the Rule of Law in and by Court Organization
  • 5 Contemporary German Longing for Inner Court Abstract-General Predictability6 Contemporary German Judiciary, framed by the Basic Law; 7 Conclusion; Part 2: Country Reports: The Contemporary French and British Court System; 5 core patterns of ordinary judiciary, representative throughout the european union; 1 'old' Member States Constitutions: Nineteenth-century Constitutionalism; 2 Second-wave Constitutionalism: Anti-authoritarianism and Post-colonialism; 3 Eastern European Member States: Post-cold War Constitutionalism after 1989; 4 Functional Independence as Point of Comparison
  • 5 Core Patterns of Ordinary Judiciary, Representative throughout the European Union1 'Old' Member States Constitutions: Nineteenth-century Constitutionalism; 2 Second-wave Constitutionalism: Anti-authoritarianism and Post-colonialism; 3 Eastern European Member States: Post-cold War Constitutionalism after 1989; 4 Functional Independence as Point of Comparison; 6 Protective Rationale of Ordinary Competence: the Court External Sphere; 1 Contemporary British Judiciary as Constituted Power; 2 Contemporary French Judiciary as Constituted Authority
  • 3 External Functional Independence by Judicial Self-Administration7 Protective Rationale of Objective, General Standards: the Court Internal Sphere; 1 Contemporary British Inner-court Management; 2 Contemporary French Inner-court Management; 3 Internal Functional independence by judical self-Administration; 4 Conclusion: External Consensus, Internal Variation; Part 3: The Historic Comparison as Line of Arguments for the European Convention; 8 Legal History 'in front of Court'; 1 Historical Reasoning in Modern International Law

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